Law firms and other employers need to exercise extreme care when asking their employees for personal information, an employment lawyer at national firm Beachcroft Wansbroughs has warned in the wake of Boris Johnson’s sacking as opposition spokesman for the arts.

Mr Johnson, MP for Henley-on-Thames and editor of The Spectator, was dismissed from the opposition front bench by Michael Howard amid claims that he had lied to the Conservative leader over the extent of a relationship with another Spectator employee. Mr Johnson rejected the allegations.


Christina Morton, an employment associate in Beachcroft Wansbroughs’ London office, said that although Mr Johnson’s dismissal was a political one, it raised questions about the protection the law gives an employee when their employer demands personal information.


She said: ‘Employers need to take care that they do not question intrusively, and employees must not deliberately lie to put themselves in breach of trust and confidence.


‘However, this area of law is incredibly complex, with the result that a court could favour a lying employee if their privacy has been compromised, and an employer could be favoured if it can be proved they have a legitimate right to knowledge of the employee’s private actions.’


Occasions when an employer could have that right include a request for information about the health of an employee if they are claiming long-term sick leave, or where a personal relationship with another work colleague was affecting performance. Ms Morton said the right did not give employers carte blanche to demand great detail, however, adding that any such request would need to be handled with sensitivity.


The law in this area is underpinned by article 8 of the Human Rights Act 1998, which sets out a right to respect for personal and family life, as well as the implied duty of trust and confidence owed by both employer and employee.